Definition and Purpose of the Crime Victims Compensation Act (OEG)
Das Crime Victims Compensation Act (OEG) is a central law of German social law that governs the provision of care for individuals who have suffered health impairments as a result of an intentional, unlawful violent attack. It first entered into force on May 1, 1976, and implements the requirements of international human rights agreements, such as the European Convention on Human Rights, for the protection and support of victims of violence into national law.
The main objective of the OEG is to grant victims of serious violent crimes or offenses entitlements to state benefits that ensure adequate medical, therapeutic, and financial support. The legal regulation is based on the legislation for war victims, in order to achieve comparable legal consequences regardless of the type of damage incurred.
Legal Basis and Structure
Statutory Basis
The relevant provisions are found in the Act on Compensation for Victims of Violent Crimes (Crime Victims Compensation Act – OEG), which is regulated in the Social Code under sections 983 to 987. The OEG was reformed by the law on social compensation in the Ninth Book of the Social Code (SGB IX) and has been partially replaced by the law on social compensation in the Fourteenth Book of the Social Code (SGB XIV), which is gradually entering into force since January 1, 2024.
Scope of Protection of the Crime Victims Compensation Act
The OEG protects individuals who, as a result of intentional and unlawful use of violence have suffered physical or health-related harm. This expressly includes victims of bodily injury offenses, sexual offenses, robbery, as well as consequences of acts in connection with domestic or organized violence.
Eligible Persons
Persons are generally eligible if they
- usually reside in Germany
- have become victims of a violent attack within the Federal Republic of Germany
- have suffered health damage as a result of this attack
In certain cases, survivors of killed victims may also receive benefits.
Elements of the Offense and Benefit Entitlements
Prerequisites for Victims’ Compensation
To claim benefits under the OEG, the following elements must all be met:
- Physical, intentional, and unlawful attack
The act must constitute a deliberate act of physical or psychological violence, exceeding mere threats or failure to provide assistance.
- Health Impairment
The victim must have suffered serious physical or psychological harm. This includes not only direct injuries, but also trauma-related disorders or psychological illnesses arising from the act.
- Causal Connection
There must be a direct causal relationship between the attack and the injury. Any doubts are to the disadvantage of the claimant, unless the so-called standard of proof under social law (preponderant probability) is met.
- Presence of special grounds for exclusion
Benefits may be excluded if the victim significantly contributed to the damage or behaved in a grossly unlawful manner.
Types of Benefits
A variety of benefits may be granted under the OEG, including:
- Medical Treatment and Health Care: Costs of medical treatment, therapy, and rehabilitation
- Compensation Benefits: Pensions and compensation payments in case of permanent health impairment
- Nursing Care Benefits: Support for care needs as a result of the act
- Widow’s, Widower’s and Orphan’s Pension: For survivors of victims who have died
- Funeral Costs: Reimbursement in the event of death resulting from the crime
- Occupational and Social Rehabilitation
Administrative Procedure and Assertion of Claims
Application Process
To claim benefits under the OEG, a informal application must be submitted to the authority responsible for the federal state where the crime occurred. There is no deadline for applying, but delays in reporting the injury may affect the availability of evidence.
Investigation and Assessment Procedure
The competent authority investigates the facts independently, obtains medical reports, and cooperates with law enforcement agencies. The principle of official investigationapplies, so the authority gathers information regardless of the evidence presented.
Appeal and Legal Proceedings
Negative decisions can be challenged by lodging an objection. If this is not successful, legal action may be brought before the Social Court. The final determination of the scope of benefits is made by the court based on the available evidence.
Special Features in an International Context and with Foreign Elements
The OEG provides for special regulations in cases with a foreign connection. Victims of assaults abroad may also be entitled to benefits under the OEG under certain conditions, provided that they are usually resident in Germany and no compensation from foreign sources is possible.
The law also implements the EU Compensation Directive, under which Germans injured in other EU countries may claim certain benefits.
Reform and Development: SGB XIV and the Modernization of Victims’ Compensation
With the introduction of the social compensation law in SGB XIV the law of victims’ compensation was fundamentally reorganized. The aim is to provide more modern and comprehensive care, including expanded psychological support and improved assistance for children and relatives.
However, the OEG remains relevant in the transition period for old cases, so its regulations continue to apply in parallel with the new law.
Criticism, Challenges, and Perspectives
The OEG has often been criticized for its demanding requirements of proof, lengthy procedures, and incomplete protection. In particular, victims of sexualized violence and psychological damage frequently reported a lack of recognition of their specific burdens. The introduction of SGB XIV aims to address these shortcomings and strengthen the rights of those affected.
Literature and Further References (excluding advertisements or referrals)
- Act on Compensation for Victims of Violent Crimes (Crime Victims Compensation Act – OEG)
- Social Compensation Law in the Fourteenth Book of the Social Code (SGB XIV)
- Federal Ministry of Labour and Social Affairs: Information on Victims’ Compensation
- Federal Agency for Civic Education: Victims’ Compensation
Note: This article provides a comprehensive overview of the Crime Victims Compensation Act and its legal framework in the German legal system. For the enforcement of individual claims, the consultation of official bodies or specific advisory services is recommended.
Frequently Asked Questions
What entitlements do affected persons have under the Crime Victims Compensation Act (OEG)?
Under the Crime Victims Compensation Act (OEG), persons who have suffered health damage due to an intentional, unlawful act of violence in Germany are entitled to state benefits. These benefits include, in particular, medical treatment, such as coverage of costs for medical care, hospital treatment, rehabilitation and psychotherapeutic care. In addition, compensation pensions, supplementary pensions, assistance for participation in working life, care allowances, and benefits for securing livelihoods may be granted. Moreover, survivors—such as spouses, children, or parents—are provided with widow’s or orphan’s pensions and funeral benefits in case of death caused by the crime. It is important to note that these benefits are granted irrespective of whether the perpetrator has been identified or convicted, as long as the factual prerequisites of the OEG are met.
Who is entitled to benefits under the OEG?
All persons (Germans and foreigners alike) who were lawfully present in Germany at the time of the crime and became victims of an intentional, unlawful act of violence are generally eligible. Under certain conditions, relatives and survivors of the immediate victims are also entitled to benefits. The act must have been carried out with substantial violence or as so-called “physical injury with health impairment.” Persons who suffered harm while acting in lawful defense or offering necessary assistance are also eligible. However, persons who provoked the act or themselves behaved in a seriously culpable manner are not eligible; such “victim’s own responsibility” can lead to a reduction or complete exclusion of benefits.
What deadlines must be observed when applying under the OEG?
The law does not provide for any absolute limitation period for asserting a claim under the OEG. An application can generally be submitted at any time. Nevertheless, it is recommended to apply as early as possible, especially to prevent difficulties in providing evidence and to ensure complete medical and psychological documentation. For certain initial or subsequent benefits, e.g., ongoing pensions, it is generally the case that these are only granted from the month of application onwards; earlier periods can usually not be covered retroactively.
How does the administrative process proceed after the application is filed?
After the application is submitted, the competent compensation authority examines whether the factual requirements and a causal link between the act of violence and the injury exist. A so-called social law investigation procedure is conducted, in which witness statements, medical reports, and evidence from criminal proceedings may be used. The applicant is obliged to cooperate in the clarification of the facts (duty to cooperate) and to submit or indicate relevant evidence. The authority usually decides in the form of a written notice, against which an objection and later an action before the social court can be raised.
Can benefits under the OEG be combined with other social benefits?
Benefits under the OEG are generally considered subsidiary benefits, i.e., they are granted if and to the extent that there is no priority from other social insurance providers (such as accident insurance, pension insurance, health insurance). In the event of overlap with other benefits, a set-off is usually made or it is examined whether a possible difference amount is payable. However, the OEG guarantees that gaps in provision are avoided and, if necessary, topped up if affected victims are not sufficiently covered by other systems.
What must be considered in cases involving crimes committed abroad?
The OEG generally only applies to acts committed within Germany, i.e., within the territory of the Federal Republic of Germany. In narrowly defined exceptions, compensation may also be paid for acts committed abroad, if the victim is a German citizen or usually resides in Germany and no foreign compensation claim exists. These so-called foreign circumstances must be examined in detail and are often associated with additional documentation requirements.
How can one challenge a negative decision?
If an application for compensation under the OEG is wholly or partially rejected, an objection can be lodged with the deciding compensation authority within one month of delivery of the decision. If the objection is unsuccessful, a lawsuit can subsequently be filed with the competent social court. The judicial proceedings are generally free of charge for the applicant. During the proceedings, there is the possibility to seek support from victim counseling centers or specialized lawyers.
